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Last modified
7/12/2021 10:25:19 AM
Creation date
5/1/2018 2:24:06 PM
Metadata
2018-190
Fields
Template:
Opinion Item
Opinion Type
Advisory Opinion
Docket Number
2018-190
Requesting Party
Antonio Le Mon
Decision Date
4/20/2018
Caption
Advisory opinion that a recent retiree would be prohibited by La. R.S. 42:1121A from assisting another person, for compensation, in a transaction, or in appearance in connection with a transaction, involving his former agency, the Civil Division and the Diversion Program for two years. However, La. R.S. 42:1121A would not prohibit the retiree from providing outside legal services for a fire or recreational distict, unless such services are provided by the 22nd JDC Attorney's Office. Generally, fire and recreational districts are not persons as defined by La. R.S. 42:1102(16).
Ethics Subject Matters
Post Employment
Prohibited Assistance
Participation
Prohibited Transactions
Public Employee - Definition
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STATE OF LOUISIANA <br /> Wag;s� DEPARTMENT OF STATE CIVIL SERVICE <br /> gr, 9;; LOUISIANA BOARD OF ETHICS <br /> ,i,, <br /> �!, I P.O.BOX 4368 <br /> I BATON ROUGE,LA 70821 <br /> (225)219-5600 <br /> FAX (225)381-7271 <br /> 1-800-842-6630 <br /> www.ethics.la.gov <br /> April 24, 2018 <br /> Mr. Antonio Le Mon <br /> A Professional Law Corporation <br /> 512 East Boston Street <br /> Covington, Louisiana 70433 <br /> Re: Ethics Board Docket No.2018-190 <br /> Dear Mr. Le Mon: <br /> The Louisiana Board of Ethics, at its April 20, 2018 meeting, considered your request for <br /> an advisory opinion regarding whether the post-employment restrictions in the Code of <br /> Governmental Ethics (Code) would prohibit you as a recent retiree of the 22w' JDC District <br /> Attorney's Office from rendering legal services in three certain situations. You provided that you <br /> served as the Chief of the Civil Division and Diversion Program for Warren Montgomery, the <br /> District Attorney for 22n JDC. You stated that your duties included managing the Diversion <br /> Program, supervising the Civil Division and the Public Records Department. You added that the <br /> District Attorney's Office is divided into three Divisions and that Collin Simms is the Chief of <br /> the Criminal Division and that you were never part of the Criminal Division. <br /> Further, you stated that the District Attorney's Office has been in a dispute with the <br /> Parish President's Office over who represents the Parish in civil matters. To resolve this matter <br /> the District Attorney's Office sued the Parish President in case number 2017-C-1811. You were <br /> assigned to supervise this matter since its inception. This matter is pending before the Supreme <br /> Court. You stated that during your tenure the Parish has always employed outside legal counsel <br /> and you have not rendered any legal services on any civil matter to the parish. However, you <br /> stated that the Civil Division provided general civil representation to some state boards and <br /> agencies, including several area fire and recreational districts. <br /> Section 1121 of the Code provides for a two year restriction on public servants after the <br /> termination of their public service. Section 1121A provides restrictions on former public servants <br /> who served as agency heads during the course of their public employment. Section 1121A(1) <br /> prohibits a former agency head, for a period of two years following the termination of his public <br /> service as the head of such agency, from assisting another person, for compensation, in a <br /> transaction, or in an appearance in connection with a transaction, involving his former agency or <br /> rendering any service on a contractual basis to or for such agency. <br /> You asked if you would be prohibited from rendering to the following legal services: <br /> AN EQUAL OPPORTUNITY EMPLOYER <br />
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